Contaminated land regime

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'Land contamination' is a general term used to describe any land that may be contaminated in some way. 'Contaminated land', is a specific legal term defined in Part IIA of the Environmental Protection Act 1990 (EPA 1990).

Liability for land contamination may arise as a result of regulatory action under a number of different regimes (including the contaminated land regime), third party liabilities, contractual liabilities and other liabilities, see Practice Notes: Land contamination—potential liabilities and Land contamination—liability for migration.

This subtopic contains practical guidance on general liability for contamination, as well as a series of detailed Practice Notes on the contaminated land regime in England and Wales under the EPA 1990, Pt IIA.

What is contaminated land?

Contaminated land is defined in the EPA 1990, Pt IIA as any land which appears to the local authority (LA) to be in such a condition, by reason of substances in, on or under the land, that:

  1. •

    significant harm is being caused

  2. •

    there is a significant possibility of significant harm being caused

  3. •

    significant pollution of controlled waters is being caused, or

  4. •

    there

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